Will My Grandchildren Inherit From Me?

For many grandparents who adore their grandchildren, ensuring that grandchildren are provided for is an important part of estate planning. However, under Islamic inheritance law, whether your grandchildren inherit depends on certain conditions. This article explains these rules and provides guidance on how you can plan your Will using MuslimWills.com.au to ensure your wishes are honoured.

The General Rule: Direct Heirs Take Precedence

Under Islamic law, inheritance is distributed according to specific shares outlined in the Qur’an and Sunnah. Grandchildren typically do not inherit if their parent (your child) is still alive because the direct heir (your child) takes precedence.

Example 1:

• You leave behind: A daughter and a grandson (the daughter’s child).
• Result: The daughter inherits as a direct heir, and the grandson does not inherit.

However, if your child (the grandchild’s parent) has passed away, the situation changes.

When Do Grandchildren Inherit?

If a child of yours has passed away before you, leaving behind their own children (your grandchildren), these grandchildren may inherit from you. This is often referred to as “substitution inheritance” or “ta’sib.”

Example 2:

• You leave behind: A daughter and two grandchildren (from a deceased son).
• Result: The grandchildren may inherit a portion of the estate as representatives of their deceased parent.

No Automatic Inheritance in Some Cases

If you have other direct heirs (e.g., children, spouse, parents), your grandchildren may not inherit unless a provision for them is made through the discretionary bequest (wasiyyah) of one-third of your estate.

Providing for Your Grandchildren

1. Wasiyyah (Discretionary Bequest)

Islamic law allows you to allocate up to one-third of your estate to non-heirs, including grandchildren who would not otherwise inherit.

• Example: If your estate is worth $300,000, you can leave up to $100,000 for your grandchildren as a wasiyyah.

2. Gifts During Your Lifetime

You can provide financial gifts to your grandchildren during your lifetime, which is a recommended way to care for them without affecting the fixed inheritance shares.

Using the Will-Builder on muslimwills.com.au

To ensure your grandchildren are cared for within the framework of Islamic and Australian law, MuslimWills.com.au:

• Allows You to Allocate Wasiyyah: Include your grandchildren in the one-third discretionary portion.
• Provides an Annexure for Executors: Detailed instructions are attached to your Will to guide your Executor in distributing shares according to Islamic law.

Seek Guidance When Planning Your Estate

Islamic inheritance law can be complex, especially when it involves multiple generations. MuslimWills.com.au provides tools like the Inheritance Calculator and access to expert legal reviews to help you ensure your Will is fair, Shari’ah-compliant, and valid under Australian law.